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Case TitleFREEDOM WATCH v. BUREAU OF LAND MANAGEMENT et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2016cv02320
Date Filed2016-11-22
Date ClosedOpen
JudgeJudge Colleen Kollar-Kotelly
PlaintiffFREEDOM WATCH
Case DescriptionFreedom Watch submitted a FOIA request to the Bureau of Land Management and the Department of Justice for records concerning the government's confrontation with Cliven Bundy and his supporters in Nevada. The agencies received the requests by certified mail, but after hearing nothing further from either agency, Freedom Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantBUREAU OF LAND MANAGEMENT
DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [29]
FOIA Project Annotation: Judge Colleen Kollar-Kotelly has rejected Freedom Watch's request for more expeditious processing of its requests to the FBI and the Criminal Division concerning records about Cliven Bundy, his pending criminal trial, and the circumstances leading to the case. Kollar-Kotelly noted that "Plaintiff did not request expedited processing of its FOIA request. Had it done so, and had its request qualified, Plaintiff's FOIA request would have been placed in a separate, expedited queue. Although Plaintiff is apparently seeking to make this request now before this Court, by way of its most recent Status Report, the FOIA statute indicates that judicial review in this context applies solely to 'agency action to deny or affirm denial of a request for expedited processing. . .and failure by an agency to respond in a timely manner to such a request. . .' Because there has been no request for expediting the processing before the relevant agencies in this matter, there is no agency action for this Court to review with respect to expedited processing." Freedom Watch contended that the agency could quickly disclose the requested records since they had already been gathered for trial. Kollar-Kotelly pointed out that this "is not how Defendants normally process FOIA requests. Rather, Defendants engage in a systematic process by which the requested records are sent to the appropriate record custodians in each agency, so they may engage in a comprehensive search for responsive materials. The Court sees no reason to deviate from this procedure here. For one, the records that may be responsive to Plaintiff's FOIA request are not necessarily the same records that would be produced in the course of criminal discovery, given the exemptions and privacy interests applicable to the former, but not necessarily the latter."
Issues: Expedited processing, Litigation - Discovery
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-11-221COMPLAINT against BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4753614) filed by FREEDOM WATCH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Klayman, Larry) (Entered: 11/22/2016)
2016-11-222REQUEST FOR SUMMONS TO ISSUE U.S. Attorney filed by FREEDOM WATCH.(Klayman, Larry) (Entered: 11/22/2016)
2016-11-223REQUEST FOR SUMMONS TO ISSUE Office of Attorney General filed by FREEDOM WATCH.(Klayman, Larry) (Entered: 11/22/2016)
2016-11-23Case Assigned to Judge Ketanji Brown Jackson. (sb) (Entered: 11/23/2016)
2016-11-234SUMMONS (4) Issued Electronically as to BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 11/23/2016)
2016-11-235GENERAL ORDER AND GUIDELINES FOR CIVIL CASES BEFORE JUDGE KETANJI BROWN JACKSON. The Court will hold the parties and counsel responsible for following these directives, and parties and counsel should pay particular attention to the Courts instructions for briefing motions. Failure to adhere to this Order may, when appropriate, result the imposition of sanctions and/or sua sponte denial of non-conforming motions. Signed by Judge Ketanji Brown Jackson on 11/23/2016. (lckbj1) (Entered: 11/23/2016)
2016-11-306NOTICE of Related Case; case related to 16cv992 by FREEDOM WATCH (Klayman, Larry) Modified to add text on 12/1/2016 (znmw). (Entered: 11/30/2016)
2016-12-227NOTICE of Appearance by Damon William Taaffe on behalf of All Defendants (Taaffe, Damon) (Entered: 12/22/2016)
2016-12-278MOTION for Extension of Time to File Answer re 1 Complaint, by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE (Taaffe, Damon) (Entered: 12/27/2016)
2016-12-28MINUTE ORDER granting, for good cause shown, 8 Motion for Extension of Time to Answer. It is hereby ORDERED that Defendants shall answer or otherwise respond to the complaint on or before 1/12/2017. Signed by Judge Ketanji Brown Jackson on 12/28/2016. (lckbj1) (Entered: 12/28/2016)
2017-01-119ANSWER to Complaint by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE.(Taaffe, Damon) (Entered: 01/11/2017)
2017-01-12Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure, on or before 1/26/2017. Signed by Judge Ketanji Brown Jackson on 1/12/2017. (lckbj1) (Entered: 01/12/2017)
2017-01-1810NOTICE OF SUBSTITUTION OF COUNSEL by Melanie Dyani Hendry on behalf of All Defendants Substituting for attorney Damon Taaffe (Hendry, Melanie) (Entered: 01/18/2017)
2017-01-2611Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Plaintiff's Attachment to Joint Status Report)(Hendry, Melanie) (Entered: 01/26/2017)
2017-01-30MINUTE ORDER. Based on the representations in the parties' 11 Joint Status Report, it is hereby ORDERED that, on or before 2/28/2017, the parties shall file a further joint status report, which shall contain a proposed schedule for further proceedings if litigation is going to be necessary. Signed by Judge Ketanji Brown Jackson on 1/30/2017. (lckbj1) (Entered: 01/30/2017)
2017-02-2812Joint STATUS REPORT by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 02/28/2017)
2017-02-28MINUTE ORDER. Based on the representations in the parties' 12 Joint Status Report, it is hereby ORDERED that, on or before 6/1/2017, the parties shall file a further joint status report, which shall contain a proposed schedule for further proceedings. It is FURTHER ORDERED that a status conference is set for 6/8/2017 at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 2/28/2017. (lckbj3) (Entered: 02/28/2017)
2017-02-2813Supplemental STATUS REPORT by FREEDOM WATCH. (Klayman, Larry) (Entered: 02/28/2017)
2017-03-01MINUTE ORDER. It is the practice of this Court to schedule status conferences in FOIA cases as it deems necessary. Given the representations that Plaintiff has made in the recently filed 12 Joint Status Report and 13 Supplemental Status Report, it is hereby ORDERED that the status conference currently scheduled for June 8, 2017, is VACATED, and it is FURTHER ORDERED that the parties shall appear in person for a status conference in this matter on Tuesday, March 7, 2017, at 11:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 3/1/2017. (lckbj3) (Entered: 03/01/2017)
2017-03-0114RESPONSE TO ORDER OF THE COURT re Order,,, Set Hearings,, Reschedule Status Conference filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 03/01/2017)
2017-03-01MINUTE ORDER. It is hereby ORDERED that the Status Conference currently set for 3/7/17 is VACATED and RESET for March 14, 2017, at 2:00 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 3/1/2017. (lckbj3) (Entered: 03/01/2017)
2017-03-1315STATUS REPORT by FREEDOM WATCH. (Klayman, Larry) (Entered: 03/13/2017)
2017-03-13MINUTE ORDER. In light of Plaintiff's counsel's telephonic representation that he is unable to travel due to inclement weather, it is hereby ORDERED that the Status Conference currently set for 3/14/17 is VACATED and RESET for March 16, 2017, at 10:00 AM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 3/13/2017. (lckbj3) (Entered: 03/13/2017)
2017-03-16Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Status Conference held on 3/16/2017. Order to follow. (Court Reporter: Barbara Devico.) (tj) (Entered: 03/16/2017)
2017-03-16MINUTE ORDER. Based on the parties' representations at the status conference held on March 16, 2017, it is hereby ORDERED that the Court's Minute Order of February 28, 2017, requiring a joint status report on or before 6/1/2017, is hereby VACATED. It is FURTHER ORDERED that the following schedule is set in this matter: on or before March 31, 2017, the FBI shall produce approximately 500 pages to Plaintiff; on or before April 3, 2017, Defendants shall file a proposed schedule for (1) processing the documents on the priority list Plaintiff identified during the status conference (i.e., documents responsive to paragraphs 15 through 20 of Plaintiff's FOIA request), and (2) conducting the two keyword searches Plaintiff proposed; and on or before April 10, 2017, Plaintiff shall respond to Defendants' proposed schedule regarding the priority list documents and key word searches. The Court will issue an order governing further proceedings after it receives and reviews the parties' submissions. Signed by Judge Ketanji Brown Jackson on 3/16/2017. (lckbj3) (Entered: 03/16/2017)
2017-03-1616Case directly reassigned to Judge Colleen Kollar-Kotelly as related to 16-cv-992(CKK). Judge Ketanji Brown Jackson is no longer assigned to the case. (ztnr) (Entered: 03/17/2017)
2017-03-1717ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on March 17, 2017. (NS) (Entered: 03/17/2017)
2017-03-1718TRANSCRIPT OF PROCEEDINGS before Judge Ketanji Brown Jackson held on 3-16-17; Page Numbers: 1-66. Date of Issuance:3-17-17. Court Reporter/Transcriber Barbara DeVico, Telephone number 202-354-3118, Transcripts may be ordered by submitting the <a href="http://www.dcd.uscourts.gov/node/110">Transcript Order Form</a><P></P><P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.<P> NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.<P></P> Redaction Request due 4/7/2017. Redacted Transcript Deadline set for 4/17/2017. Release of Transcript Restriction set for 6/15/2017.(DeVico, Barbara) (Entered: 03/17/2017)
2017-04-0319STATUS REPORT and Proposed Schedule by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 04/03/2017)
2017-04-1020RESPONSE to Defendants' Proposed Schedule filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 04/10/2017)
2017-04-1221ORDER. Signed by Judge Colleen Kollar-Kotelly on 4/12/2017. (lcckk1) (Entered: 04/12/2017)
2017-04-1222RESPONSE TO ORDER OF THE COURT re 21 Order filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 04/12/2017)
2017-04-13Set/Reset Deadlines: Plaintiff may file a response to the April 28, 2017 Status Report by 5/5/2017; FBI shall submit a Status Report by 5/31/2017; Plaintiff may respond to this report by 6/7/2017. (kt) (Entered: 04/13/2017)
2017-04-2823STATUS REPORT by BUREAU OF LAND MANAGEMENT. (Hendry, Melanie) (Entered: 04/28/2017)
2017-05-0524RESPONSE re 23 to Status Report filed by FREEDOM WATCH. (Klayman, Larry) Modified to add link on 5/8/2017 (znmw). (Entered: 05/05/2017)
2017-05-0925ORDER. The parties shall submit a Joint Status Report by May 12, 2017. Signed by Judge Colleen Kollar-Kotelly on 5/9/2017. (lcckk1) (Entered: 05/09/2017)
2017-05-10Set/Reset Deadlines: Joint Status Report due by 5/12/2017. (kt) (Entered: 05/10/2017)
2017-05-1126Joint STATUS REPORT by FREEDOM WATCH. (Klayman, Larry) (Entered: 05/11/2017)
2017-05-1127RESPONSE to Purported Joint Status Report re 26 Status Report filed by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) Modified to add link on 5/12/2017 (znmw). (Entered: 05/11/2017)
2017-05-1128REPLY to Defendants' Response to Joint Status Report re 26 Status Report filed by FREEDOM WATCH. (Klayman, Larry) Modified to add link on 5/12/2017 (znmw). (Entered: 05/11/2017)
2017-05-1529MEMORANDUM OPINION AND ORDER. BLM shall, by no later than JULY 14, 2017, provide an estimate of the volume of documents that shall be included in each interim release of responsive non-exempt documents. Plaintiff may file a response to the pleading setting out this estimate by no later than JULY 21, 2017. The other obligations previously set forth by the Court's April Order remain in effect. Signed by Judge Colleen Kollar-Kotelly on 5/15/2017. (lcckk1) (Entered: 05/15/2017)
2017-05-3130STATUS REPORT and Proposed Schedule (FBI) by U.S. DEPARTMENT OF JUSTICE. (Hendry, Melanie) (Entered: 05/31/2017)
2017-06-0731REPLY re 30 Status Report filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 06/07/2017)
2017-06-13MINUTE ORDER: The Court has received and reviewed Defendant FBI's 30 Status Report and Proposed Schedule, and Plaintiff's 31 Response thereto. The FBI estimates that it will be able to process documents at the rate of 500 pages per month. At this rate, the FBI estimates that it will take approximately 500 months to complete its entire production in this matter. Plaintiff, as has been its fashion throughout this litigation, provides a short response stating, in sum and substance, that the FBI is engaged in "disingenuous, dishonest delay tactics...." The Court has previously cautioned Plaintiff that, absent objective evidence, it will not countenance "Plaintiff's generalized and unsupported claims of misconduct against either Defendants or their attorneys." Mem. Op. and Order, ECF No. 29, at 2. Beyond such claims, Plaintiff has not furnished the Court with any reason, based in fact or law, for expediting the production of documents beyond the schedule proposed by the FBI. For example, Plaintiff has not responded to the FBI's proposal to pursue summary judgment on the applicability of Exemption 7(A), which if found applicable would in the FBI's estimation halve the time for completing its production. Status Report, ECF No. 30, at 2 n.2. Accordingly, the Court adopts the FBI's proposed schedule. The FBI shall process and produce 500 pages of responsive, non-exempt and segregable records every 30 days, with the next such release to occur by JUNE 30, 2017. That being said, the Court remains amenable to receiving reasonable proposals from Plaintiff to expedite the production of responsive materials (e.g., by limiting the scope of its requests). To the extent Plaintiff chooses to file such a proposal, it must be supported by fact and law, and cannot (absent evidentiary support) rely upon the baseless accusations already discussed. Signed by Judge Colleen Kollar-Kotelly on 6/13/2017. (lcckk1) (Entered: 06/13/2017)
2017-06-2632MOTION for Reconsideration , MOTION for Sanctions by FREEDOM WATCH (Klayman, Larry) (Entered: 06/26/2017)
2017-06-2733Supplemental Memorandum to MOTION for Reconsideration re 32 MOTION for Reconsideration MOTION for Sanctions , MOTION for Sanctions Addendum by FREEDOM WATCH (Klayman, Larry) Modified text incorrect event used, on 6/28/2017 (td). (Entered: 06/27/2017)
2017-06-30MINUTE ORDER: The Court has received Plaintiff's 32 Motion for Reconsideration of the Court's Minute Order of June 13, 2017 and Motion for Sanctions. Although styled as a motion for reconsideration, the Minute Order challenged in this motion expressly permitted the Plaintiff to file a "reasonable proposal[]... to expedite the production of responsive materials...." The Court shall interpret Plaintiff's motion as the beginnings of such a proposal. In particular, it appears that Plaintiff wishes to postpone the release of already public media materials in Defendant FBI's possession, and to expedite the release of "documents that relate to the criminal prosecution of Cliven Bundy; plans, efforts, strategies and implementation of the criminal prosecution of Cliven Bundy; documents related to Senator Harry Reid and his alleged real estate purchase deals; documents that relate to Rory Reid and his alleged real estate purchase deals; documents that relate to the Bureau of Land Management's plan to take physical possession of custody of Cliven Bundy's cattle within Clark County." Mot. for Reconsideration, at 2. Accordingly, the Court ORDERS the parties to meet and confer to discuss the possibility for expediting the release of such documents, and to file either a joint status report, or if need be, separate status reports, by JULY 28, 2017, regarding their efforts. With respect to Plaintiff's request for sanctions and attorney fees, Plaintiff claims that Defendants have demonstrated bad faith by proposing a 500 month release schedule. The Court disagrees. Given the breadth of Plaintiff's requests, Defendant FBI has indicated that it must process "at least 250,000 pages of documents... [,] from a time period dating at least as far back as 2010." ECF No. 30. Furthermore, Defendant FBI represented that "it stands ready, willing, and able to consider and apply any reasonable limitations on the scope of Plaintiff's significantly broad request." Defendant FBI also represented that it is "currently exploring alternative methods of streamlining this extensive process in a manner that permits it to more quickly complete its processing while still meeting its obligations under the FOIA." Id. at 3. The Court adopted Defendant FBI's proposed schedule principally because Plaintiff had "not furnished the Court with any reason, based in fact or law, for expediting the production of documents beyond the schedule proposed by the FBI." Minute Order, June 13, 2017. Finally, the Court notes again that Plaintiff did not request expedited processing when he originally filed his FOIA requests. Accordingly, Plaintiff's 32 Motion is DENIED. The parties shall proceed in accordance with this Minute Order, and the Court shall consider any appropriate modifications to Defendant FBI's production schedule upon receipt of the parties' proposals for prioritizing the release of certain documents. Signed by Judge Colleen Kollar-Kotelly on 6/30/2017. (lcckk1) (Entered: 06/30/2017)
2017-07-1034MOTION to Clarify Court's Minute Order of June 30, 2017 , MOTION for Reconsideration Court's Minute Order of June 30, 2017 by FREEDOM WATCH (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Klayman, Larry). Added MOTION to Expedite on 7/11/2017 (znmw). (Entered: 07/10/2017)
2017-07-11MINUTE ORDER: The Court has received Plaintiff's 34 Motion to Clarify. Defendants shall file a response by JULY 18, 2017. Signed by Judge Colleen Kollar-Kotelly on 7/11/2017. (lcckk1) (Entered: 07/11/2017)
2017-07-11Set/Reset Deadlines: Defendants shall file Response to 34 by 7/18/2017. (dot) (Entered: 07/14/2017)
2017-07-1335MOTION for Extension of Time to File BLM's Proposed Schedule and Opposition to Plaintiff's Motion for Clarification and Reconsideration by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Hendry, Melanie) (Entered: 07/13/2017)
2017-07-1436RESPONSE re 35 MOTION for Extension of Time to File BLM's Proposed Schedule and Opposition to Plaintiff's Motion for Clarification and Reconsideration filed by FREEDOM WATCH. (Klayman, Larry) (Entered: 07/14/2017)
2017-07-14MINUTE ORDER: The Court has received Defendants' 35 Motion for Extension of Time, which seeks an extension of Defendant BLM's obligation to file a proposed production schedule by July 14, 2017, and Defendants' obligation to file a response to Plaintiff's 34 Motion to Clarify by July 18, 2017. Defendants request that both deadlines be moved to July 28, 2017, in light of their view that Plaintiff has modified the scope of his FOIA request. Plaintiff opposes an extension of either deadline, principally on the basis that, in its view, the requested extension is "another attempt to delay producing documents that are potentially exculpatory for a criminal defendant." ECF No. 36, at 2. Nonetheless, as this Court has held on several occasions, "the proper mechanism for Mr. Bundy to obtain potentially exculpatory evidence is through the criminal discovery process." Consequently, the pendency of Mr. Bundy's criminal trial, much as it is not a factor that "weigh[s] in favor of immediate or expedited processing of Plaintiff's FOIA request," is not a factor that warrants denial of Defendants' request for an extension of time. ECF No. 29, at 3. Accordingly, for good cause shown, Defendants' 35 Motion for Extension of Time is GRANTED. Defendant BLM shall file a proposed schedule, and Defendants shall file their response to Plaintiff's 34 Motion to Clarify, by JULY 28, 2017. However, there will be no further extensions with respect to these deadlines. Signed by Judge Colleen Kollar-Kotelly on 7/14/2017. (lcckk1) (Entered: 07/14/2017)
2017-07-14Set/Reset Deadlines: Defendant BLM shall file a proposed schedule, and Defendants shall file their response to Plaintiff's 34 Motion to Clarify by 7/28/2017. (dot) (Entered: 07/17/2017)
2017-07-2837RESPONSE re 34 MOTION to Expedite MOTION to Clarify Court's Minute Order of June 30, 2017 MOTION for Reconsideration Court's Minute Order of June 30, 2017 and Defendants' Proposed Schedule for Processing Plaintiff's Modified FOIA Request filed by BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A)(Hendry, Melanie) (Entered: 07/28/2017)
2017-07-2838STATUS REPORT by FREEDOM WATCH. (Klayman, Larry) (Entered: 07/28/2017)
2017-08-11MINUTE ORDER: The Court has received and reviewed Plaintiff's 34 Motion for Clarification and Reconsideration of the Court's Minute Order of June 30, 2017, Defendants' 37 Opposition thereto, and Plaintiff's 38 Status Report. In the 34 Motion for Clarification and Reconsideration, Plaintiff requests that the Court "either order immediate production of responsive documentation or allow Freedom Watch to take immediate discovery, within the next two weeks, of Defendants' FOIA custodians of records to determine whether Defendants have complied in good faith with the obligations under FOIA." ECF No. 34, at 4. The immediacy of Plaintiff's request is predicated on Plaintiff's contention that "Cliven Bundy is facing imminent threat to his life and loss of substantial due process rights." Id. Mr. Bundy is not a party to this lawsuit, and this Court previously held that "the proper mechanism for Mr. Bundy to obtain potentially exculpatory evidence is through the criminal discovery process. To the extent Mr. Bundy believes that the government has withheld pertinent materials in his criminal case, the most direct and appropriate means for Mr. Bundy to obtain those materials is to seek relief before the district court judge adjudicating that matter." Mem. Op. and Order, ECF No. 29, at 23. With respect to Plaintiff's request for discovery, the Court previously held that "given the absence of any indicia of bad faith by the government in this matter, the Court sees no reason to permit discovery at this time." Id. at 2 n.2; Landmark Legal Found. v. EPA , 959 F. Supp. 2d 175, 183 (D.D.C. 2013) ("Discovery is the exception, not the rule, in FOIA cases." (internal quotation marks omitted)); Justice v. IRS , 798 F. Supp. 2d 43, 47 (D.D.C. 2011) ("Courts permit discovery in FOIA cases where a plaintiff has made a sufficient showing that the agency acted in bad faith." (internal quotation marks omitted)), aff'd , 485 F. App'x 439 (D.C. Cir. 2012). Furthermore, by Minute Order dated June 30, 2017, the Court already held that Defendants' proposed production schedule does not demonstrate bad faith. Nor is the production of public source material an indication of bad faith. Because no other indicia of bad faith is provided by the 34 Motion for Clarification and Reconsideration, discovery shall not be permitted. Nor is there a legal basis for Plaintiff's request for immediate production. Consequently, the 34 Motion for Clarification and Reconsideration is DENIED. The parties shall adhere to the following schedule of future proceedings. The Court adopts Defendant BLM's proposed schedule, under which it estimates that it can process 1,000 documents per month, and complete its processing of Plaintiff's modified FOIA request in approximately 20 months. With respect to Defendant FBI, the Court adopts Defendants' proposed schedule for the time being. By AUGUST 25, 2017, Defendant FBI shall file a declaration of the responsible FOIA official explaining in detail why its processing is limited to 500 pages per month, and what the consequences would be if the processing speed were increased for Plaintiff's FOIA request. Also by AUGUST 25, 2017, Plaintiff shall file a notice stating its position regarding Defendants' proposal to seek summary judgment on Exemption 7(A), which may considerably limit the number of documents that need to be processed by Defendant FBI. Signed by Judge Colleen Kollar-Kotelly on 8/11/2017. (lcckk1) (Entered: 08/11/2017)
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